REPUBLIC VRS. TWUM AND OTHERS (B1/89/2023) [2024] GHACC 359 (18 November 2024)

IN THE CIRCUIT COURT ‘B’ KOFORIDUA IN THE EASTERN REGION OF THE REPUBLIC OF GHANA HELD ON MONDAY THE 18TH DAY OF NOVEMBER 2024 BEFORE HER HONOUR MRS. MATILDA RIBEIRO, CIRCUIT COURT JUDGE_____________________ CC No. B1/89/2023 THE REPUBLIC Versus. 1. KWASI TWUM BRIGHT @ TOGO 2. RANSFORD OBENG @ KARTEL 3. YAKUBU BUKARI @ SERWAA AKOTO —————————————————————————————————-------------- JUDGMENT- PLEA BARGAINING AGREEMENT —————————————————————————————————————— This is a Plea Bargaining Agreement between the Republic and the 3rd accused person who is standing trial before this Court on three counts of Dishonestly receiving contrary to section 146 of the Criminal Offences Act 1960 (Act 29). The 3rd accused person is charged together with the 1st and 2nd accused person who are alleged to have robbed the victims of their valuables including a Samsung mobile phone valued at GHC2,500.00 the property of Desmond Etu, two Samsung mobile phones belonging to Destiny Paul and an iPhone 7 mobile phone valued at GHC7,000.00 the property of Vida Tananibe. These items were allegedly received by the 3rd accused person on or about the 25th May 2023 at Old Estates Koforidua knowing that they have been obtained or appropriated by means of crime to wit robbery. It is alleged that upon the arrest of the 1st and the 2nd accused persons, they mentioned the 3rd accused person as the person they sold the victim’s four mobile phones to at a price of GHC1,200. Page 1 of 4 ------------------------------------------------------------------------------------------------------- The Republic v. Kwasi Tsum Bright & Two Others 18/11/2024 Following which the 3rd accused person was arrested and he admitted having bought the phones from the 1st and 2nd accused persons. On the 21st day of June when the three accused persons appeared before the Court, their plea was not taken at the instance of prosecution as they were awaiting the Attorney General’s advice on the docket. The case was subsequently taken over by the Attorney General’s Office and on the 6th May 2024, all the accused persons pleaded not guilty to the respective charges against them per the substituted Charge Sheet filed on 26th of April 2024. Whilst this case was still pending before the Court, a notice of intention to enter into Plea Bargaining Agreement was filed by the Office of the Attorney General on the 27th August 2024. On the 21st day of October 2024, a Plea Bargaining Agreement executed between the parties and counsel for the 3rd accused person was filed for the consideration of the Court. According to the PBA dated the 18th day of October 2024 and filed on 21st day of October 2024, the 3rd accused person desirous of entering into a PBA with the Attorney General (A-G) in respect of the charges against him caused his lawyer Nana Yaw Ofori Gyasi Esq. to initiate the Plea Bargaining pursuant to a letter dated the 27th day of August 2024. And the Attorney General acting through the Chief State Attorney, Eastern Region (Mrs. Emily Addo-Okyireh) agreed. The parties agreed as follows: • That the 3rd accused person shall plead guilty simplicita to the charges of dishonestly receiving contrary to section 146 of Act 29. Page 2 of 4 ------------------------------------------------------------------------------------------------------- The Republic v. Kwasi Tsum Bright & Two Others 18/11/2024 • As regard sentencing, the parties agreed and recommended a sentence of two hundred penalty units (200 p.u) in respect of each of the charges against him. • That in arriving at the recommended sentence, the parties took into consideration the fact that, the 3rd accused person is a first time offender and not known to the law; that he has shown remorse and is willing to submit to punishment for his actions; that the 3rd accused person will testify as a prosecution witness in respect of the robbery case against the other accused persons; that the 3rd accused person has returned all the items received; and that the Republic is relieved of expending resources to conduct a full trial in respect of the charges leveled against him. Today, Monday the 18th day of November 2024, the 3rd accused person under oath, confirmed to the Court that his constitutional rights and his rights under the Criminal and Other Offences Procedure (Amendment) Act, 2022 (Act 1079) have been explained to him and that he entered into the agreement voluntarily out of his own free will. The Court having informed the accused persons that by agreeing to the PBA, he is waiving his rights to a full trial and appeal and he having indicated his understanding and agreement with same, the terms of the PBA having been read out and explained to the accused person in the Twi language, the Court being satisfied that the 3rd accused person being of a sound mind, entered into the agreement voluntarily and that there is a factual basis for the PBA hereby accepts the PBA dated 18th October 2024, executed by the 3rd accused person and his lawyer and the Chief State Attorney, Eastern Region Mrs Emily Addo Okyireh for and on behalf of the Attorney General. Page 3 of 4 ------------------------------------------------------------------------------------------------------- The Republic v. Kwasi Tsum Bright & Two Others 18/11/2024 The 3rd accused person having pleaded guilty simpliciter to all the charges against him as indicated at paragraph 4 of the PBA, is hereby convicted on his own plea to the charges against him. The Court has also considered the recommended sentence per paragraph 5 of the PBA in the light of the prescribed sentences under section 146 of Act 29, the mitigating and aggravating factors as per paragraph 5 and is satisfied that the recommended sentence is appropriate. Accordingly, the 3rd accused person is sentenced to a fine of two hundred penalty units (200 p.u.) on each count, all to run concurrently. H/H MATILDA RIBEIRO (MRS) CIRCUIT COURT JUDGE —————————————————————————————————————— Counsel: Nafisatu Iddrisu (Assistant State Attorney) present for the Republic. Nana Yaw Ofori Gyasi present for the 3rd accused person. ————————————————————————————————————— Page 4 of 4 ------------------------------------------------------------------------------------------------------- The Republic v. Kwasi Tsum Bright & Two Others 18/11/2024